Rule-Making Notices
Notice of Hearing
Justice
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under sections
165.25 (12m),
175.60 (7),
175.60 (14g),
175.60 (15) (b), and
227.11 (2) (a), Stats., the Department of Justice (DOJ) will hold public hearings to consider the adoption of emergency and permanent rules
creating Chapters
Jus 17 and
Jus 18, Wis. Adm. Code, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; the recognition by Wisconsin of concealed carry licenses issued by other states; and the certification of firearms safety and training instructors.
Hearing Information
DOJ will hold public hearings at the times and places noted below.
Date: Monday, July 16, 2012
Time: 10:00 a.m.
Location: Superior Police Department
1316 North Fourteenth Street
Superior, WI 54880
Date: Tuesday, July 24, 2012
Time: 11:00 a.m.
Location: Green Bay Police Training Center
307 South Adams Street
Green Bay, WI 54301
Date: Wednesday, July 25, 2012
Time: 10:00 a.m.
Location: Waukesha County Technical College
Business Building Room B130/B140
800 Main Street
Pewaukee, WI 53072
Copies of the Proposed Rules, Fiscal Estimate, and Economic Impact Analysis
You may obtain a free copy of the emergency and permanent rules, the fiscal estimates, and the economic impact analyses by contacting the Wisconsin Department of Justice, Attn: David Zibolski, P.O. Box 7857, Madison, WI 53707-7857. You can also obtain a free copy by calling (608) 266-5710 or e-mailing
zibolskidb@doj.state.wi.us.
Place Where Comments are to be Submitted and Deadline for Submission
Comments on the emergency and permanent rules should be submitted by no later than
4p.m. on August 1, 2012, and can be faxed to (608) 267-2223 to the attention of David Zibolski, emailed to
zibolskidb@doj.state.wi.us, or mailed to the attention of David Zibolski at the Wisconsin Department of Justice, P.O. Box 7857, Madison, WI 53707-7857.
Analysis Prepared by the Department of Justice
On October 25, 2011, DOJ adopted emergency rules relating to the implementation of DOJ's statutory responsibilities under
2011 Wis. Act 35 regarding licenses authorizing persons to carry concealed weapons, the certification of firearm safety and training instructors, the recognition by Wisconsin of concealed carry licenses issued by other states, and concealed carry certification cards for qualified former federal law enforcement officers. On March 15, 2012, DOJ repealed and re-created those emergency rules, with the exception of those portions of the emergency rules that had been suspended on November 7, 2011, by the Joint Committee for the Review of Administrative Rules (“JCRAR").
Like the emergency rules, the permanent rules proposed here will be located in two chapters. The first chapter is designated Ch.
Jus 17 and is titled “Licenses to Carry a Concealed Weapon." The second chapter is designated Ch.
Jus 18 and is titled “Certification of Former Federal Law Enforcement Officers."
The scope of these proposed permanent rules was described in a scope statement approved by the governor on December 19, 2011.
Statutes interpreted
Statutory authority
Explanation of statutory authority
The portions of the proposed rules designating those states other than Wisconsin that conduct a background check for concealed carry licenses comparable to Wisconsin's background check is expressly authorized by s.
165.25 (12m), Stats., which requires DOJ to:
Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s.
175.60 (1) (ac).
Those portions of the proposed rules that establish the amount of the fee to be charged for a concealed carry license are expressly and specifically authorized and required by s.
175.60 (7), Stats., which provides:
SUBMISSION OF APPLICATION. An individual may apply for a license under this section with the department by submitting, by mail or other means made available by the department, to the department all of the following:
(c) A license fee in an amount, as determined by the department by rule, that is equal to the cost of issuing the license but does not exceed $37. The department shall determine the costs of issuing a license by using a 5-year planning period.
Those portions of the proposed rules that establish procedures for the administrative review by DOJ of any denial, suspension, or revocation of a license are expressly and specifically authorized by s.
175.60 (14g), Stats., which provides:
DEPARTMENTAL REVIEW. The department shall promulgate rules providing for the review of any action by the department denying an application for, or suspending or revoking, a license under this section.
Those portions of the proposed rules that establish the amount of the fee to be charged for the renewal of a concealed carry license are expressly and specifically authorized by s.
175.60 (15) (b), Stats., which provides:
The department shall renew the license if, no later than 90 days after the expiration date of the license, the licensee does all of the following:
4. Pays all of the following:
a. A renewal fee in an amount, as determined by the department by rule, that is equal to the cost of renewing the license but does not exceed $12. The department shall determine the costs of renewing a license by using a 5-year planning period.
(2) Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
This statute expressly confers on DOJ the general power to determine whether administrative rules interpreting those statutory provisions in
2011 Wis. Act 35 that are to be enforced or administered by DOJ are necessary to effectuate the purpose of those statutory provisions and, if such necessity is found, to promulgate such administrative rules, as long as those rules do not exceed the bounds of correct interpretation of the governing statutes.
DOJ finds that the rules here proposed are necessary to effectuate those portions of ss.
175.49 and
175.60 that require DOJ to establish and operate procedures governing:
•
the issuance of concealed carry licenses to qualified applicants, including verification that each applicant has satisfied the applicable statutory training requirements, has passed the mandatory background check, and has met all of the other statutory eligibility requirements for a license;
•
the issuance of concealed carry certification cards to qualified former federal law enforcement officers residing in Wisconsin, including verification that each applicant has satisfied the applicable firearms certification requirements, has passed the mandatory background check, and has met all of the other statutory eligibility requirements for certification;
•
the administration of concealed carry licenses and certifications that have been issued by DOJ, including the maintenance and treatment of records; the receipt and processing of information from courts about individuals subject to a court-imposed disqualification from possessing a dangerous weapon; the renewal of licenses and certifications and the replacement of those that are lost, stolen, or destroyed; the processing of address changes or name changes for licenses and certifications; procedures and standards for revoking or suspending a license or certification; procedures for the administrative review by DOJ of any denial, suspension, or revocation of a license or certification; and procedures governing DOJ's cooperation with courts and law enforcement agencies in relation to emergency licenses issued by a court;
•
the recognition by Wisconsin of concealed carry licenses issued by other states; and
•
the qualification and certification of firearms instructors by DOJ and the identification of those firearms instructors who are certified by a national or state organization.
DOJ further finds that the rules here proposed:
•
do not exceed the bounds of correct interpretation of ss.
175.49 or
175.60;
•
are authorized by the statutes described above and are not based on authority derived from any other statutory or nonstatutory statements or declarations of legislative intent, purpose, findings, or policy;
•
are authorized as necessary interpretations of the specific requirements of ss.
175.49 and
175.60 and are not based on authority derived from any other general powers or duties of DOJ; and
